Under HRS 444F-3, the general contractor must pay subcontractors within 15 calendar days after receiving payment from the owner. If the owner fails to pay within 30 days of a proper invoice, interest at 1% per month accrues, and the sub may suspend work after 30 days notice. Your subcontract should mirror these statutory deadlines so that late payments automatically trigger the statutory interest and remedies without negotiation.

Hawaii does not statutory cap retainage on private construction; retainage is a matter of contract negotiation. Your agreement should specify the exact retainage percentage, the release schedule (typically at substantial completion and final completion), and payment of statutory interest on withheld retainage.

While Hawaii has not enacted a blanket statutory ban on pay-if-paid clauses, courts and statutes in most states treat "pay-when-paid" as a reasonable timing provision rather than an absolute condition. Check Hawaii Revised Statutes Chapter 444 and Chapter 715 (Hawaii Construction Lien Law); Prompt Pay at HRS Chapter 444, Part VIII for specific restrictions, and make sure your subcontract states that payment from the owner is not an absolute condition precedent to your right to be paid.

Hawaii does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Conditional waivers are best practice until payment clears to preserve lien rights under HRS Chapter 715. Never sign an unconditional waiver until payment has actually cleared your bank account, and make sure your waiver identifies the specific billing period and amounts to avoid losing lien rights on future work.

Hawaii does not have a specific anti-indemnification statute for construction contracts; broad indemnity is generally enforceable if clearly worded. Subcontractors should negotiate express limits and rely on HRS 444F for late-payment remedies. Always read the indemnification clause carefully — even in states with anti-indemnity statutes, "broad form" indemnity for joint negligence is typically still enforceable.

Hawaii requires recording a lien within 80 days after the last date labor or materials were furnished. Hawaii does not require a statutory preliminary notice for private construction projects; lien rights attach upon performing work, though a voluntary Notice of Intent to lien is best practice. Send statutory notices by certified mail or another trackable method, keep copies of everything, and calendar the deadlines immediately upon each project’s completion.